Thursday, April 6, 2017

The Tennessee Supreme Court has adopted the totality
of the circumstances test, as defined by the United States Supreme Court
decision in Illinois v. Gates, 462 U.S. 213 (1983). The former two-pronged test used
in Tennessee for assessing the reliability of information for probable cause
determinations, known as the Aguilar-Spinelli
test, has been abandoned in favor of the Gates test. The totality of the circumstances test is a much more
elastic test and may have a profound impact on current and future court cases
across the state!